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7. *Co. v.

Electoral Tribunal - 199 SCRA 692


FACTS: The HRET declared that respondent Jose Ong, Jr. is a natural born Filipino citizen and a
resident of Laoang, Northern Samar for voting purposes. The congressional election for the second
district of Northern Samar was held. Among the candidates who vied for the position of
representative in the second legislative district are the petitioners, Sixto Balinquit and Antonio Co,
and the private respondent, Jose Ong, Jr. Ong was proclaimed the duly elected representative of
the second district of Northern Samar. The petitioners filed election protests on the grounds that
Jose Ong, Jr. is not a natural citizen of the Philippines since Ong’s father was only a naturalized
Filipino citizen.

ISSUE: Whether Ong still has to elect citizenship.

RULING: No. The filing of sworn statement or formal declaration is a requirement for those who
still have to elect citizenship. For those already Filipinos when the time to elect came up, there
are acts of deliberate choice which cannot be less binding. Entering a profession open only to
Filipinos, serving in public office where citizenship is a qualification, voting during election time,
running for public office, and other categorical acts of similar nature are themselves formal
manifestations of choice for these persons.An election of Philippine citizenship presupposes that
the person electing is an alien. Or his status is doubtful because he is a national of two countries.
There is no doubt in this case about Mr. Ong's being a Filipino when he turned twenty-one (21).
Any election of Philippine citizenship on the part of the private respondent would not only have
been superfluous but it would also have resulted in an absurdity.

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